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Police Reports, Dashcam Video and Car Crash Evidence

3 min read
How Crash Reports and Dashcam Video Shape a Car Accident Claim

Evidence from a car crash starts to disappear within hours. Vehicles get towed and repaired, video is overwritten and witnesses become harder to find. A car accident lawyer typically starts https://caraccidentlawyers.wiki/reference/whiplash-and-soft-tissue-injuries/ with the police report, photos, video and the data stored in the vehicles. This article explains how each source fits into a claim.

The crash report

When officers respond to a crash, they usually prepare a crash report, sometimes called a police report. It typically lists the drivers and vehicles involved, with insurance details for each, along with a diagram, a short narrative and any citations issued. In many states, drivers must also report crashes involving injury, death or property damage above a set dollar amount. Copies are usually available from the agency that responded, whether that is a city police department, a sheriff's office or the state highway patrol, often for a small fee.

A crash report is influential in insurance claims, but it does not decide fault. States differ on whether an officer's opinions can be used at trial. When a report has a factual error, such as a wrong plate number, the agency may accept a request to correct or supplement it. An auto accident attorney will compare the report with the photos and statements.

Dashcam video and photographs

Dashcam video can show the moments before a crash better than a witness can. Save the original file with its date and time stamp, rather than a phone recording of the screen, and make a backup copy. Traffic cameras and nearby businesses may also have recorded the crash, though many systems record over footage within days or weeks. Scene photos can show where the vehicles stopped and the debris and skid marks around them, and photos of injuries taken over several weeks can show how they changed.

The car's own black box

Many cars and light trucks carry an event data recorder (EDR). NHTSA describes an EDR as a device that records technical vehicle and occupant information for a brief period, seconds rather than minutes, surrounding a crash. Depending on the vehicle, the data may include speed and brake application as well as seat belt use. NHTSA's rule in 49 CFR Part 563 sets requirements for EDRs in light vehicles that have them. Under the Driver Privacy Act of 2015, EDR data generally belongs to the vehicle owner or lessee, and access by others is limited to situations such as owner consent or a court order.

EDR data can be lost if the car is repaired or crushed. Total loss vehicles are often moved to salvage auctions within weeks, so a car accident attorney may send a preservation letter asking the insurer or tow yard to hold the vehicle until the data is downloaded.

Witnesses and medical records

Witnesses with no stake in the claim often carry weight. Collect their names and phone numbers at the scene when it is safe. Medical records link the injuries to the crash, and insurers often point to gaps in treatment to dispute a claim. Keeping the claim number in one place, with a log of each call to the adjuster, makes later questions easier to answer. Pain levels, missed work and appointments are worth noting in a journal while the details are fresh. This is general information rather than legal advice, and no result can be predicted from it.